Sexgen = trademark ?

My point is all you have done is critique other posts, even though the thread had
digressed from the OP’s original question.

You will find that most people get a bit annoyed with someone correcting another posters spelling unless it was in jest, which in your case it clearly was not.
(I found your spelling correction in post #39 condescending, to say the least…….No pie for you, EVER, well…maybe humble pie)

I never implied you should “shut up”, I firmly believe in the right to free speech and will defend that right to my last breath.

Had you bothered to review the case filed in the U.S. District Court in Tampa, Eros LLC vs John Doe,(sorry I don’t have a docket number)the plaintiff is suing the defendant for illicitly copying and selling the Eros SexGen bed.

Sound a lot like DMCA claim to me.

As one so wise to the laws of all jurisdictions, you know that registering a trademark and then defending it would be prudent advice from any legal professional, in order to bolster their case, yes?

I have also been a plaintiff in several trademark, Trade dress and copyright claims In RL, so don’t take everyone for a fool. When it comes down to brass tacks, I listen only to my attorneys for advice.

You should be cautious about giving legal advised to persons not in your licensed jurisdiction, or if you are a layperson, the unauthorized practice of law. You open yourself to serious liability, but you already knew that.

You should Google case files on the unauthorized practice of law.


This thread has digressed from the OP’s question:


I sure you know all about copyright, and that’s been a frequent discussion in these forums, so I don’t think I need to elaborate further.

My answer to the original poster would then be:

“It seems it is protected under the copyright laws, Corsi. You may want to confirm this with a legal professional. “

That’s my opinion, and I am sticking to it.

This post © 2007 Avacea Fasching. All rights reserved worldwide

Unlike you I'm not an expert on the US Trademark system so I can only speak about what I do know and have first hand information of. I do KNOW that I've worked for Stroker for 8 months and that I've been told all along that SexGen is trademarked and copyrighted in RL. I have no reason to disbelive that as I KNOW that he has actively persued people infringing during that time.

As I'm not an expert in trademarks I assumed that if an updated application is filed then the filing date would reflect the date of that latest update, and the status would show that an application had been received and was awaiting approval. You obviously have a professional knowledge of how the system works to know that it works in some other way. Perhaps you could tell us how the filing appears when an updated application is filed?

None of this is relevant anyway. The SexGen name is at least two years old and has been widely advertised and promoted in SL by Stroker. It refers specifically to the pose generation system used and is undoubtedly the property of Stroker and his company Eros. The OP was asked to stop attempting to profit from the use of the SexGen name.

I can't see how anyone with any degree of honesty or integrity would think it acceptable to condone the use of somebody else's name or IP to profit. I certainly don't, I'm sure there are may content creators in SL who would agree.

I don't think anyone else has pointed it out but the OP posted content of an IM including showing Corsi's name against TOS.

I never claimed to be an expert on trademarks in general, let alone specifically to the US .

I know it came up during the discussions on the legal case that the trademark and copyrights were only very recently filed (the copyright documents are part of the legal filing and also backdated to 2005 but still submitted in June 2007) so if you state that it was actually filed and registered in 2005 I get curious to know which one of the two is actually true.

There's also the fact that LL has publically stated that it feels obligated to act on trademark infringement so I'll take their word on that since they're potentially liable, unless I see a bunch of people stating that in reality LL just ignores those concerns.

To me it simply looks like everything was "don't really care" until the recent legal case and all of a sudden it became a pressing concern, leading to posts like this.

And you're right that it ultimately doesn't matter at all, but if people were allowed to get away with using sexgen as a mark for a whole two years, it should be no surprise that it's so widespread right now.

That is something that I can definitively answer. Many times during the past eight months I've visited in world locations with Stroker where the SexGen name has been used for competing products, in order to photograph the offending items for ARs. We don't AR people out of hand, we issue a polite takedown request explaining the issue. In my experience, the majority of these are complied with in a friendly and efficient manner, requiring no further action on our part.

I don't know where the notion has come from that the use of the trademark was not actively defended, I personally have issued many takedown notices and I know that both Stroker and other staff members have as well. Sometimes as a result of customers reporting it to us, sometimes from customers who bring the infringing products to us asking for help or upgrades and periodically we search SL, SLExchange, and SLBoutique looking for improper use of the trademark or copyright.

We don't act in an aggressive or confrontational manner, we want to make sure that when someone buys a SexGen product, that they do in fact get a SexGen product. It is to benefit both the business and our customers.

I had composed a reply to Avacea's needlessly hostile post, but I changed my mind. There's no reason to perpetuate that kind of tone. I will continue to offer my knowledge of the state of the law as I see it and if anyone knows any better then I will welcome correction.